Subscribe for updates
Recent Posts
- Sixth Circuit Holds Clean Air Act Requires Compliance with RACT even where Attainment Application is Pending
- Ninth Circuit Modifies Approach to Mandatory Injunctive Relief in Certain Cases Under Endangered Species Act
- Ninth Circuit Finds Clean Water Act Suit Seeking Only Civil Penalties Becomes Moot Once Wrongful Conduct Ceased
- Environmental Groups Denied Intervention in Constitutional Challenge to New York’s Climate Law
- Second Circuit Orders Attorneys’ Fees for Removal Arguments in New York City Climate Change Case
Topics
- State Implementation Plans
- Venue
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Agency Action
- Loper Bright
- Council on Environmental Quality
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Title VI
- Environmental Justice
- Disparate Impact
- Massachusetts
- Evidence
- Internal Investigation
- Citizens Suit
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- FIFRA
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- National Priorities List
- Vapor Intrusion
- Solvents
- Price-Anderson Act
- Solid Waste Management Act
- Personal Jurisdiction
- Successor Liability
- Operator Liability
- Potentially Responsible Parties
- Federal Circuit
- Environmental Covenants
- National Contingency Plan
- Apportionment
- Divisibility
- Water Pollution Control Act
- Strict Liability
- Historic Resources
- Utilities
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Utah
- Federal Tort Claims Act
- New Mexico
- Tribal Lands
- Gold King Mine
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- National Forest Management Act
- FERC
- Chevron Deference
- Endangered Species Act
- United States Supreme Court
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Building Materials
- First Circuit
- Property Damage
- PCBs
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Environmental Rights Amendment
- PHMSA
- Pipeline Hazardous Materials Safety Administration
- FOIA
- Effluents
- Sediment Sites
- EHB
- Pipelines
- Texas
- Missouri
- Injunction
- Coal Ash
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Hearing Board
- Clean Streams Law
- Civil Penalties
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Damages
- Property Value
- Stigma
- Fair Market Value
- Tax assessment
- Storage Tank
- Indemnification
- Energy
- Fifth Circuit
- Electric
- Ninth Circuit
- Arizona
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Residential
- Inspection
- Freshwater Wetlands Protect Act
- New York
- Natural Gas Act
- Federal Energy Regulatory Commission
- Pennsylvania Department of Environmental Protection
- D.C. Circuit
- Mercury
- Hazardous Air Pollutants
- HAPs
- Condemnation
- Takings
- Storage
- Natural Gas
- Takings Clause
- Flooding
- Fifth Amendment
- Causation
- Spill Act
- NEPA
- Mineral Leasing Act
- Tenth Circuit
- Interior
- California
- Act 13
- Zoning
- Insurance Coverage
- Duty to Defend
- Landfill
- Eminent Domain
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Diligent Prosecution
- Subject Matter Jurisdiction
- Citizen Suit
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Montana
- Equal-Footing Doctrine
- Riverbed
- Navigability
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- EPA
- Laches
- Boiler MACT
- Contribution
- Declaratory Relief
- Second Circuit
- Procedure
- Standing
- NPDES
- Medical Monitoring
- Dimock
- Legislation
- Case Update
- Dukes
- Certification
- Contamination
- Louisiana
- CLE
- Decisions of Note
- Expert Witness
- Discovery
- Work Product
- Cases to Watch
- Privilege
- Defense Costs
- Cost Recovery
- CERCLA
- Insurance
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Army Corps
- Donovan
- Rapanos
- Nuisance
- Class Actions
- Hog Barn
- Kentucky
- Trespass
- Farming
- Odors
- New Jersey
- ISRA
- Informal Agency Action
- Administrative Hearing
- Air
- Combustion
- RCRA
- Railroad
- Cancer
- Emissions
- Waste
- Speaking Engagements
- Federal Procedure
- Third Circuit
- Toxic Torts
- Removal
- Permits
- Title V
- Clean Air Act
- Statute of Limitations
- Superfund
- Cleanup
- Supreme Court
- Tolling
- Camp Lejeune
- Statute of Repose
- Multi-District Litigation
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Due Process
- Deeds
- Clean Water Act
- Wetlands
- Mineral Rights
- Drilling
- Oil and Gas
- Leases
- Exploration
- Royalties
Blog editor
Blog Contributors
Showing 3 posts in Federal Circuit.
On May 29, 2025, the Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, reversing the D.C. Circuit’s determination that the Environmental Impact Statement (“EIS”) issued by the U.S. Surface Transportation Board (the “Board”) in connection with an approximately 88-mile railroad line in northeastern Utah violated the National Environmental Policy Act (“NEPA”). Justice Kavanaugh, writing for the Court, concluded the NEPA question presented “is not close” and the Board was “absolutely correct” in declining to evaluate “environmental effects from separate projects upstream or downstream from the project at issue” in the EIS. Read More »
|
Email|
Comments|
Topics: Administrative Appeals, Administrative Hearing, Administrative Procedures Act, D.C. Circuit, Decisions of Note, Federal Circuit, Loper Bright, NEPA, Oil and Gas, Pipelines, Railroad, Supreme Court, United States Supreme Court
On August 4, 2021, the U.S. Court of Appeals for the Federal Circuit rebuked the government’s “overly technical” attempt under res judicata to avoid responsibility for cleanup costs stemming from the large-scale production of aviation fuel as part of the World War II effort. Shell Oil Co. v. United States (No. 20-2221). “In doing so,” the Court explained, it “hope[d] to put an end to the government’s continued resistance to making payments . . . it is obligated to make.” Read More »
|
Email|
Comments|
Topics: California, CERCLA, Cleanup, Federal Circuit, Indemnification, Oil and Gas, Remediation
In Frazer/Exton Development, L.P. v. United States, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a takings claim against the federal government relating to environmental contamination because the appellants, current and former landowners of the site at issue, filed their lawsuit more than 6 years after environmental remediation was complete. Frazer/Exton Development, L.P. v. United States, No. 2019-2143 (Fed. Cir. Apr. 7, 2020). Read More »
|
Email|
Comments|
Topics: Brownfields, CERCLA, Cleanup, Consent Decree, Contamination, Damages, Environmental Covenants, Federal Circuit, Pennsylvania, Real Estate, Remediation, Statute of Limitations, Superfund, Takings
